*Pages 1--3 from Microsoft Word - 15756* Federal Communications Commission FCC 02- 76 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of Delegation of Additional Authority to the Enforcement Bureau ) ) ) ) ) ORDER Adopted: March 13, 2002 Released: March 15, 2002 By the Commission: I. INTRODUCTION AND DISCUSSION 1. In 1999, the Commission approved the transfer of control of licenses and lines from Ameritech Corporation (Ameritech) to SBC Corporation (SBC), subject to certain conditions. 1 In 2000, the Commission approved the transfer of control of licenses and lines from GTE Corporation to Bell Atlantic Corporation (collectively, Verizon), subject to certain conditions. 2 Also in 2000, the Commission approved the transfer of control of licenses and lines from U S West Corporation to Qwest Communications International, Inc. (Qwest), subject to certain conditions. 3 In each instance, the conditions directed the Common Carrier Bureau to perform certain tasks to ensure compliance with the Commission’s relevant merger orders. 2. As part of a broader reorganization adopted in a companion order, the Commission has concluded that the proper dispatch of its business and the public interest will be served by further consolidating certain enforcement functions, including the common carrier audit function, in the 1 Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, For Consent to Transfer Control of Corporations Holding Commission Licenses and Lines Pursuant to Sections 214 and 310( d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95, and 101 of the Commission's Rules, CC Docket 98- 141, Memorandum Opinion and Order, 14 FCC Rcd 14712 (1999) (SBC/ Ameritech Merger Order). 2 Applications of GTE Corporation, Transferor, and Bell Atlantic Corporation, Transferee, For Consent to Transfer Control of Domestic and International Sections 214 and 310 Authorizations and Application to Transfer Control of a Submarine Cable Landing License, CC Docket No. 98- 184, Memorandum Opinion and Order, 15 FCC Rcd 14032 (2000) (Bell Atlantic/ GTE Merger Order). 3 Qwest Communications International, Inc. and U S West, Inc., Applications for Transfer of Control of Domestic and International Sections 214 and 310 Authorizations and Application to Transfer Control of a Submarine Cable Landing License, CC Docket 99- 272, Memorandum Opinion and Order, 15 FCC Rcd 5376 (2000) (First Qwest Merger Order); Memorandum Opinion and Order, 15 FCC Rcd 11,909 (2000) (Second Qwest Merger Order). 1 Federal Communications Commission FCC 02- 76 2 Enforcement Bureau. In that companion order, we have made conforming amendments to our rules to reflect the transfer of the common carrier audit function to the Enforcement Bureau. Consistent with that order, we now delegate responsibility to the Enforcement Bureau to carry out certain merger- related audit and compliance tasks formerly delegated to the Common Carrier Bureau as part of the above- referenced merger orders, as set forth in Appendix A to this order. This change in no way affects the substantive merger obligations or the delegation of authority to the Enforcement Bureau to carry out merger- related audit and compliance tasks. Authority delegated to the Common Carrier Bureau in those merger orders not referenced in Appendix A remains in the Common Carrier Bureau. 3. The amendments adopted pursuant to the above referenced merger orders are non- substantive and pertain to agency organization, procedure, and practice. II. ORDERING CLAUSE 4. Accordingly, IT IS ORDERED that, pursuant to sections 4( i), 4 (j), 5( c), 201( b), and 303( r) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154 (i), 154( j), 155( c), 201( b), and 303( r), the Chief, Enforcement Bureau IS DELEGATED AUTHORITY as set forth in Appendix A to this order. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified United States mail to SBC Corporation, Verizon Communications, Inc., and Qwest Communications International, Inc. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary 2 Federal Communications Commission FCC 02- 76 3 Appendix A: Delegations of Authority related to the SBC/ Ameritech Merger Order, the Bell Atlantic/ GTE Merger Order, and the Qwest/ US West Merger Orders that are being transferred from the Common Carrier Bureau to the Enforcement Bureau. I. SBC/ Ameritech Merger Order Appendix C: 1. Paragraph 15( c) – limited authority to resolve disputes related to advanced services OSS implementation (i. e., direct to implement POR, extend collaborative sessions, authorize arbitration). 2. Paragraph 28( c) – limited authority to resolve disputes related to uniform & enhanced OSS implementation (i. e., direct to implement POR, extend collaborative sessions, authorize arbitration). 3. Paragraph 31( c) – authorize arbitration to resolve complaints re: substantial compliance with implementation of business rules POR. Approves arbitrator. 4. Paragraph 32 – limited authority to resolve disputes related to uniform change management process (i. e., direct to implement POR, extend collaborative sessions, authorize arbitration). Approve arbitrator. 5. Paragraph 40( a) through (g) – oversee collocation compliance audit work (folded into annual Merger Conditions compliance audit). 6. Paragraph 59( d) & (e) – authority to resolve disputes related to SBC’s satisfaction of the Out- of-Territory Competitive Entry condition. 7. Paragraph 65( b) – review and comment on compliance program. 8. Paragraph 66( a) through (g) – oversee annual Merger Conditions compliance audit. 9. Paragraph 67 – oversee annual separate affiliate audit. 10. Paragraph 69 – extend effective period of condition after determining noncompliance. 11. Paragraph 71 – determine whether a payment is due. 12. Paragraph 72 – extend deadlines. II. Bell Atlantic/ GTE Merger Order Appendix B: 1. Paragraph 23 – approve independent auditor. Appendix D: 1. Paragraph 21 – authorize arbitration resulting from disputes related to implementation of uniform and enhanced OSS. Approve arbitrator. 2. Paragraph 27( c)( 1) through (7) – oversee compliance audit re: collocation compliance. 3. Paragraph 28( a)( 1) through (7) – oversee compliance audit re: UNE/ line sharing compliance. 4. Paragraph 55( b) – review and comment on compliance program. 5. Paragraph 56( a) through (f) – oversee independent audit of compliance with Merger Conditions. 6. Paragraph 57 – oversee annual separate affiliate audit. 7. Paragraph 59 – extend effective period of condition after determining noncompliance. 8. Paragraph 61 – determine whether a payment is due. 9. Paragraph 62 – extend deadlines. III. Qwest/ US West Merger Orders First Qwest Merger Order, FCC 00- 91 1. Paragraph 71 – approve independent auditor and oversee audit work Second Qwest Merger Order, FCC 00- 231 2. Paragraph 47 – approve independent auditor and oversee audit work 3